Terms and Conditions of Supply

5m Enterprises Limited ("5m", "We", "Us") is a private limited company registered in England and Wales under company number 03332321. 5m owns and manages several websites - this being one - which operate on-line shops. These website shops are:

General terms and conditions of sale

These terms will apply to any contract between us for the sale of products to you (the "Contract"). Please read these terms carefully and make sure that you understand them, before ordering any products from our Site. Please note that by ordering any of our products, you agree to be bound by these terms and the other documents expressly referred to in them.

You should print a copy of these terms or save them to your computer for future reference.

We amend these terms from time to time. Every time you wish to order products, please check these terms to ensure you understand the terms which will apply at that time. These terms were most recently updated on 15 Jan 2014.

Descriptive Material

All descriptive material on this Site, including illustrations, drawings, photos and text (including the poultry house bird number guidelines) shall be used only as a general guide and shall not form part of the Contract. Images are indicative only and may differ from the actual products supplied. 5m reserves the right to change or amend the literature or specifications without prior notice.

All products shown on our Sites are subject to availability.

If you are a consumer, you may only purchase products from our Sites if you are at least 18 years old.

As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.

If you are a business customer, you confirm that you have authority to bind any business on whose behalf you use our Sites to purchase products.

These terms, our Privacy Policy and our Terms and Conditions constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms, our Privacy Policy and our Terms and Conditions.

You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

How the Contract is formed between you and us

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below.

We will confirm our acceptance to you by sending you an e-mail that confirms that the products have been dispatched. The Contract between us will only be formed when we send you the dispatch confirmation.

If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because of an error in the price on our Site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount as soon as possible.

Our right to vary these terms

We may revise these terms from time to time.

Every time you order products from us, the terms in force at that time will apply to the Contract between you and us.

Whenever we revise these terms in accordance with this clause, we will give you notice of this by stating that these terms have been amended and the relevant date at the bottom of this page.

Order and payment methods

On-line ordering via the 5m shops is encouraged. The main mode of payment is by credit/debit card via the Sage Pay's secure payment server. Paying by pro-forma invoice is also an option.

Credit Card Payment

A valid credit card is required for payment. The credit card will be charged at the time you submit an order. We reserve the right to make our own credit card security checks as considered necessary. This may involve us contacting you to confirm certain details. We reserve the right to refuse to supply goods if we believe the card is being used fraudulently. Where this is the case a full refund will be made to the card upon which the order was placed.

Credit Card Security

Security is of great importance to 5m, and we aim to provide the highest possible level of security in your transactions.

All card payments are processed securely by our payment service provider Sage Pay, which is a leading e-payment processing company, using a 128-bit encrypted secure channel to register the transaction on their own secure server.

The payment pages on our sites are all protected by 128-bit SSL security so any information entered during checkout is encrypted.

For further information on the safety of your credit/debit card details you can refer to the Sage Pay website.

Pricing

Products are priced in pounds sterling, euros and US dollars and exclude VAT and shipping costs. VAT is applied at the checkout where applicable. Books do not incur VAT. You are responsible for payment of any import duties or local taxes that might apply to your order. See additional shop specific terms and conditions below.

Pricing Disclaimer

Our Site contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on our Site may be incorrectly priced. Should we identify during order processing that a product has been mispriced or the delivery cost is different from that advertised we will contact you with the option of paying the new price, cancelling at no charge, or changing the order to a different item. For the avoidance of doubt, the "contract of sale" occurs at the point of despatch and not when an order is placed.

We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.

VAT (IVA), Import Duties and Local Taxes (where applicable)

VAT, import duties and local taxes might all apply to an order.

VAT

In accordance with the laws governing members of the European Union, we are obliged to charge UK VAT on all orders delivered to destinations in member countries of the EU.

The prices displayed are all defaulted to be exclusive of VAT. We decide whether or not VAT is applicable based on the delivery country selected. The delivery country is selected as part of the order process.

Below is an explanation of how we handle VAT:

Orders for delivery outside of the European Union (EU)

VAT is not applicable for orders delivered to countries outside of the EU and will therefore not be charged. However import duties and local taxes may apply when the goods arrive. These are your responsibility.

Orders for delivery to European Union (EU) member states

VAT is applicable to all orders to European Union (EU) member states and will be charged at the prevailing UK rate.

EU VAT registered businesses may choose to remove the VAT charge by providing us with their VAT registration number at checkout (this does not apply to UK VAT registered businesses where VAT must be charged).

Orders for UK delivery

VAT is applicable to all UK orders and will be included in the final cost. VAT will be charged at the prevailing UK rate.

If VAT is due on the goods in an order, VAT must also be charged on the delivery charge. i.e. VAT on delivery is charged at the highest VAT rate of products in the order.

Import Duties and Local Taxes

Orders for delivery outside of the European Union may be subject to import duties and local taxes which are levied once the package reaches the destination country. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from 5m, you are considered the importer of record and must comply with all laws and regulations of the country in which the goods are being received. 5m cannot be held responsible for the illegal import of goods or for spoiled goods that get caught in the customs clearance process.

Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an event of Force Majeure. A Force Majeure event means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Delivery

This section explains how 5m and their suppliers handle packing and delivery of orders from the on-line 5m shops. 5m's aim is, where practical, to process all orders within 24 hours from receipt of payment. 5m and our suppliers deliver worldwide and 5m accepts payment in either pounds sterling, euros or US dollars.

Delivery charges

Each item has a range of delivery costs associated with it, depending on which region in the world the order is being shipped from/to. As items can be heavy and are often shipped directly from the publisher/supplier, the price you pay is the sum of the individual shipping costs for the order.

Method of delivery

Books and small items posted to a UK address are sent by the standard Royal Mail postal service. Books and small items posted to non-UK addresses are generally sent via Royal Mail (printed papers for books). If a different service is desired, please ask for options/prices. Large bulky items are mainly sent by a parcel delivery service such as DHL, UPS, TNT or Tuffnells.

Delivery timescales

Our aim is, where practical, to process all orders within 24 hours from receipt of payment.

Orders may be fulfilled by 5m and/or a number of different suppliers. Upon completion of an order you will receive an email confirming the order details. Each supplier will deliver their portion of the order. 5m aims to deliver products from its own stock within the following delivery time scales:

5 working days for UK delivery

8 working days for European delivery

15 working days for Worldwide delivery

However, the above time frames assume our carriers and any associated local carriers deliver within their own stated time frames. As their performance is beyond 5m's control, 5m are unable to guarantee these timescales will be met in every case, thus please allow 28 days for delivery.

If an order is urgent please contact us and we can provide a guaranteed delivery service at additional charge.

Out of stock items

Whilst every effort is made to ensure we do not offer for sale out of stock items, sometimes a supplier fails to alert us to this fact.

If an ordered item is not in stock, we will let you know the expected delivery timescale and provide the option of waiting, changing or cancelling the order for a full refund.

Signature on delivery?

Items sent by Royal Mail (UK or abroad) use the standard mail service and as such do not need to be signed for. If, at your request, we have used a carrier, a signature may be needed and we will advise if this is the case. Large, bulky items sent by a parcel delivery service may need a signature. You will be advised accordingly.

Breakages

Goods should be signed for as 'unexamined' and any damage or shortages must be reported in writing by recorded delivery within three days of delivery both to 5m and the carrier, otherwise no claim can be considered. The complete packaging should be retained if pilfering is suspected or if breakage has occurred. If pilfering is suspected, 5m and the carrier should be notified immediately.

Non-Delivery

In the event of non-arrival of goods, you must inform us within 24 hours of the expected delivery date, otherwise no claim can be considered.

Returns and refunds

If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling Regulations, 2000) during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

However, this cancellation right does not apply in the case of:

any products made to your specification or clearly personalised;

newspapers, periodicals or magazines;

perishable goods; or

software, DVDs or CDs which have a security seal which you have opened or unsealed.

Your legal right to cancel a Contract starts from the date of the dispatch confirmation, which is when the Contract between us is formed. If the products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the products. Working days means that Saturdays, Sundays or public holidays are not included in this period.

To cancel a Contract, please contact us in writing to tell us by sending an e-mail to [email address] or by sending a letter to [address]. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

You will receive a full refund of the price you paid for the products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described above. If you returned the products to us because they were faulty or mis-described, please see below.

If you have returned the products to us because they are faulty or mis-described, we will refund the price of a defective product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

We will refund you on the credit card or debit card used by you to pay.

If the products were delivered to you:

you must return the products to us as soon as reasonably practicable.;

unless the products are faulty or not as described, you will be responsible for the cost of returning the products to us;

you have a legal obligation to keep the products in your possession and to take reasonable care of the products while they are in your possession.

details of your legal right to cancel and an explanation of how to exercise it are provided in the dispatch confirmation.

As a consumer, you will always have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by our returns policy or these terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

Our liability if you are a business

We only supply the products for internal use by your business, and you agree not to use the product for any re-sale purposes.

Nothing in these terms limit or exclude our liability for:

death or personal injury caused by our negligence;

fraud or fraudulent misrepresentation;

breach of the terms implied by section 12 of the Sale of Goods Act 1979 (regarding title and quiet possession); or

defective products under the Consumer Protection Act 1987.

Subject to the above, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

any loss of profits, sales, business, or revenue;

loss or corruption of data, information or software;

loss of business opportunity;

loss of anticipated savings;

loss of goodwill; or

any indirect or consequential loss.

Subject to the foregoing, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products.

Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.

Our liability if you are a consumer

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability for:

death or personal injury caused by our negligence;

fraud or fraudulent misrepresentation;

any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (regarding title and quiet possession);

any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (regarding description, satisfactory quality, fitness for purpose and samples); and

defective products under the Consumer Protection Act 1987.

Communications between us

When we refer, in these terms, to "in writing", this will include e-mail.

If you are a consumer:

To cancel a Contract in accordance with your legal right to do so as set out above, you must contact us in writing by sending an e-mail to [email address] or by sending a letter to [address]. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to 5m Enterprises Limited at Benchmark House, 8 Smithy Wood Drive, Sheffield, S35 1QN or by email to shop@5mpublishing.com. You can always contact us using our Customer Services telephone line.

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

If you are a business:

Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our Site.

A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; if sent by e-mail, one working day after transmission; or, if posted on our Site, immediately.

In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

Other important terms

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these terms.

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

If you are a consumer, please note that these terms are governed by English law. This means a Contract for the purchase of products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

Individual elements of this document are provided in separate shorter documents in the various shops for clarity. Should any inconsistency occur between these full terms and conditions and the separate sections, this document always takes precedent, without exception. At checkout you must confirm to having read and accepted these full terms and conditions.